DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/6255)

PRESTON HIRE (VIC) PTY LIMITED AND THE CFMEU MOBILE CRANE HIRING INDUSTRY ENTERPRISE AGREEMENT 2016-2019

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 13 OCTOBER 2016

Application for approval of the Preston Hire (Vic) Pty Limited and the CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the Preston Hire (Vic) Pty Limited and the CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2016-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Construction, Forestry, Mining and Energy Union. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[4] The Construction, Forestry, Mining and Energy Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 October 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved an application for the approval of the Preston Hire (Vic) Pty Limited and the Construction, Forestry, Mining and Energy Union Mobile Crane Hiring Industry Enterprise Agreement 2016-2019. The application was made under section 234 of the Fair Work Act 2009. The central issue before the court was whether the agreement complied with the requirements of the Fair Work Act, particularly regarding the provisions that were not within the scope of the agreement.

The court examined the provisions of the agreement that were outside the scope of the enterprise, as defined by the Fair Work Commission. It considered whether these provisions were within the scope of the agreement, and if not, whether they were in the best interests of the employees covered by the agreement. The court found that the provisions in question did not fall within the scope of the agreement and that they were not in the best interests of the employees. The court held that the agreement did not comply with the requirements of the Fair Work Act.

The court ordered that the application for approval of the agreement be dismissed. The court found that the provisions that were outside the scope of the agreement were not in the best interests of the employees and that the agreement did not comply with the requirements of the Fair Work Act. The court held that the agreement could not be approved and that the application should be dismissed. This decision highlights the importance of ensuring that enterprise agreements comply with the requirements of the Fair Work Act and that the provisions of the agreement are in the best interests of the employees.

Construction, Forestry, Mining and Energy Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established